On 11/04/2019, the Ministry of Finance issued Circular 21/2019/TT-BTC providing guidelines for the initial sale of shares and state capital transfers in accordance with the method of book making, effective on 03/06 /2019.
Accordingly, Circular 21/2019/TT-BTC has the following outstanding contents:
– The transfer of state capital and investment capital of state-owned enterprises in joint-stock companies must be elaborated according to law provisions.
– The plan of capital transfer in the form of book-keeping must be publicly announced at least 20 days before the opening of the order book at the head office of the capital owner (state-owned enterprise) and a joint-stock company with capital may be transferred. assign, manage the order book, on the mass media (three consecutive issues of a newspaper published nationwide and a local newspaper where the capital owner has its head office, company shares are headquartered) and posted on the website of the owner of capital, managing the order book, the joint stock company with capital transfer (if any).
Thus, Circular 21/2019/TT-BTC guided the process of transferring state capital, investment capital of state-owned enterprises in joint-stock companies by the method of making books.
On 28/03/2019, the Ministry of Health issued Circular No. 03/2019/TT-BYT on the List of domestically produced medicines to meet the requirements of treatment, drug prices and supply capacity. This Circular takes effect from 01/06/2019.
Accordingly, Circular No. 03/2019/TT-BYT has listed 640 domestically produced drugs to meet the requirements for treatment, drug prices and supply capacity. Details in the list of domestically produced drugs meet the requirements for treatment, drug prices and availability.
Thus, Circular 03/2019/TT-BYT plays an important role in determining the types of drugs offered for bidding. Because the bidding documents of the medical establishments must clearly state that the bid for imported drugs with the same technical criteria cannot be offered with the drugs included in the List of Circular 03/2019 / TT-BYT.
Bidding for imported drugs can only be made in case the Ministry of Health issues a decision to permit the bid for imported drugs for a certain period of time because of the sudden increase in demand for drugs and medical facilities.
On 05/05/2019, the Minister of Labor, War Invalids and Social Affairs issued Decision No. 636 / QD-LDTBXH announcing newly issued, amended, supplemented and abolished administrative procedures. The field of labor and wages falls within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs. This decision takes effect from 05/05/2019.
Accordingly, the Ministry of Labor, War Invalids and Social Affairs issued five provincial administrative procedures on labor and wages, specifically in the field of labor sub-leasing:
– Issuing licenses for labor sublease activities
– Renewal of labor sublease licenses
– Re-grant labor sublease license
– Revoke License for labor sublease
– Withdrawal of deposit of labor sublease enterprises
Thus, Decision 636 / QD-LĐTBXH has shown a new spirit in the provisions of the law, namely the competence to grant labor sublease licenses to the Chairman of the provincial People’s Committee (according to the Decree). 29/2019 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease activities, the deposit and the list of jobs to be subleased effective from May 5, 2019) instead of the Minister of Labor, War Invalids and Social Affairs (according to Decree 55/2013 / ND-CP detailing the implementation of Clause 3, Article 54 of the Labor Code on licensing labor sublease activities, collateral and work list to be subleased for labor expires from May 5, 2019).
On 20/05/2019, the Government issued Decree No. 44/2019/ND-CP regulating the adjustment of pensions and social insurance and monthly allowances, Decree No. 44/2019/ND- CP is effective from July 1, 2019
Accordingly, Decree No. 44/2019 / ND-CP regulates the adjustment of pensions and social insurance allowance and monthly allowance as follows:
From July 1, 2019, an increase of 7.19% on pensions, social insurance and monthly allowances of June 2019 for the following subjects:
– Officials, workers, employees and workers; military personnel, public security officers and employees are entitled to monthly pensions;
– Officials, communes, wards and towns in Decree 92/2009 / ND-CP, Decree 121/2003 / ND-CP and Decree 09/1998 / ND-CP;
– People who are receiving monthly disability allowance, who are receiving monthly benefits;
– Commune and township ward officials are receiving monthly allowance according to Decision 130 / CP and Decision 111-HDBT;
– Military personnel are receiving monthly allowance according to Decision 142/2008 / QD-TTg and Decision 38/2010 / QD-TTg;
– Police are receiving monthly allowance according to Decision 53/2010 / QD-TTg;
– Military personnel, public security officers, employees working as pensioners are entitled to pensions as for military personnel, CAND is receiving monthly allowance according to Decision 62/2011 / QD-TTg;
– People who are receiving monthly labor accident or occupational disease allowance.
Thus, Decree No. 44/2019 / ND-CP has made relatively significant and practical adjustments on pension, social insurance and monthly allowance for 8 separate and specific target groups. on.
On 21/05/2019, the Government issued Decree No. 45/2019/ND-CP regulating administrative violations, sanctions, penalties and remedies and competence to make records on administrative violations in the field of tourism. This Decree takes effect from 01/08/2019.
According to Decree No. 45/2019/ND-CP, for each act of administrative violation in the field of tourism, violating individuals and organizations must be subject to one of the main sanctioning forms: caution or fine. .
Depending on the nature and severity of violations, individuals and organizations that commit acts of administrative violation in the tourism domain may also be subject to one or more of the following additional sanctioning forms:
– Deprivation of the right to use for a term of from 1 month to 24 months: Travel service business license; tourist guide card; decision on recognition of class of tourist accommodation establishments; decide to recognize other tourist service business establishments that meet the standards of tourists; decision to recognize tourist destinations; decision to recognize tourism areas; signboards of tourist transport means;
– Suspension of operation for a period of from 1 month to 06 months;
– Confiscation of material evidences in administrative violations: Fake travel service business license; fake tourist guide card; fake transport vehicle signs.
In addition, individuals and organizations that commit administrative violations in the field of tourism in addition to being subject to the above sanctioning forms may also be subject to one or several of the following remedial measures:
– Forcible re-payment of illegal profits gained from the execution of administrative violations;
– Forced withdrawal of international travel service business licenses, tourist guide cards, decisions on recognition of tourist accommodation establishments and decisions on recognition of other standard tourist service business establishments. serving tourists, deciding to recognize tourist spots, deciding to recognize tourist resorts;
– Forced dismantling of standard signs for tourists;
– Compulsory payment of charges, fees and payable amounts as prescribed.
The Decree stipulates the maximum fine level for each act of administrative violation in the field of tourism for individuals is VND 50 million, for organizations is VND 100 million. For the same act of administrative violation, the fine level for organizations is 2 times the fine level for individuals.
The promulgation of Decree No. 45/2019 / ND-CP is necessary to enhance the effectiveness and efficiency in state management while attracting tourists and ensuring sustainable tourism development.
On 21/05/2019, the Minister of Agriculture and Rural Development issued Decision No. 1821/2019/QD-BNN-CN promulgating decisions on the announcement of amended and supplemented administrative procedures. breeding and aquaculture areas under the management functions of the Ministry of Agriculture and Rural Development.
Accordingly, Decision No. 1821/2019/QD-BNN-CN stipulates a number of issues related to conditions for establishments testing animal feed and aquaculture. In this article, the author would like to mention the above problem in accordance with the current law.
Decision No. 1821/2019/QD-BNN-CN regulates central administrative procedures under the management of the Ministry of Agriculture and Rural Development in the field of livestock and fisheries. There are four amended and supplemented administrative procedures including:
1. Registration for testing of new animal and aquatic feeds
2. Registration of domestically produced animal feeds and aquatic products permitted for circulation in Vietnam
3. Changing information of animal feed and aquatic products permitted for circulation in Vietnam
4. Approving the import of livestock and aquatic feeds not yet permitted for circulation in Vietnam for production and processing for export purposes.
For procedures for registration of assay for animal and aquatic feeds, new conditions have been amended for establishments testing animal and aquatic feeds. Specifically, this Decision has stipulated:
– Having or renting locations, material facilities and specialized equipment to meet the requirements of assaying each kind of food on each farming object.
– For aquatic food testing establishments, there must be sufficient water sources meeting the quality requirements; There are separate water supply and drainage systems, with waste water storage ponds to ensure the inspection of environmental indicators and criteria of aquatic diseases.
– Technical managers must have a university or higher degree in livestock, animal husbandry – veterinary, biotechnology (for animal feed testing facilities) or specialized aquaculture. production and biology (for aquatic food testing facilities).
Decision No. 1821/2019/QD-BNN-CN was issued as a necessary amendment, though it removed some contents but still ensured the rigor of the conditions through which the basis Testing may be flexible in the process of assaying new animal and aquatic feeds.
On 22/05/2019, the Ministry of Construction issued Decision No. 398/QD-BXD promulgating the Plan for implementing Directive 11/CT-TTg dated April 23, 2019 of the Prime Minister on a number of measures to promote The real estate market develops stably and healthy.
Accordingly, the Plan is issued with the following main contents:
– Objectives: To enhance the institutional improvement of housing and real estate market management in a timely manner, suitable to the practical situation; effectively implementing social housing programs; strengthen guidance, inspection and inspection on housing and real estate market.
– Content of the plan, including:
• Study and complete the draft Law on amendments and supplements to a number of articles of the Construction Law, the Housing Law and the Law on Real Estate Business;
• Study and issue amendments and supplements to construction standards and standards for different types of apartment houses and tourist apartments;
• Proposing the promulgation of legal documents on regulations on management and operation of short-term office buildings.
In addition, the Decision also specified specific responsibilities and specific tasks for individuals, agencies and organizations involved.
New regulations of the Prime Minister show interest and promote the healthy, stable and sustainable development of the real estate market.
On 10/05/2019, the Government issued Decree No. 39/2019/ND-CP regulating the organization and operation of small and medium enterprise development funds effective 01/07/2019.
Accordingly, the Decree No. 39/2019/ND-CP has outstanding contents as guidelines for lending to small and medium enterprises, specifically as follows:
– Lending activities of the Fund are made under the agreement between the Fund and small and medium enterprises. Small and medium-sized enterprises borrowing capital from the Fund must ensure the use of loan capital for the right purposes, repay the principal and loan interest fully and on time as agreed with the Fund.
– Enterprises that borrowed capital are small and medium enterprises with creative startups, small and medium enterprises participating in industry-linked groups, small and medium enterprises joining the value chain.
– Direct lending interest rate is equal to 80% of the lowest commercial lending interest rate. The lowest level of commercial lending interest rates is determined on the basis of comparing the lending interest rates of four commercial banks with state capital and the largest total assets at the time of determining the lending interest rates of the Fund.
– The maximum loan amount for each project or production or business plan must not exceed 80% of the total investment capital of each project or plan. The total loan amount of a Fund for a small and medium enterprise must not exceed 15% of the Fund’s actual charter capital.
– Loan term is determined in accordance with the ability to recover capital, repayment capacity of enterprises and specific conditions of each project, production and business plan, but not exceeding seven years.
Thus, Decree No. 39/2019 / ND-CP has set out the principles and conditions of borrowing for small and medium-sized enterprises, while supporting medium enterprises to create a legal corridor to ensure the Fund’s rights.
On May 13, 2019, the Government issued Decree No. 40/2019 / ND-CP amending and supplementing a number of articles of decrees detailing and guiding the implementation of the Law on Environmental Protection. This Decree takes effect from July 1, 2019.
Accordingly, Decree No. 40/2019 / ND-CP specifies conditions for imported scrap as production materials must meet the requirements in accordance with Clause 1 Article 76 of the Law on Environmental Protection. Specifically:
– Meet the requirements and responsibilities for environmental protection stipulated in Clauses 2 and 3, Article 76 of the Law on Environmental Protection;
– There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment, in which the contents of imported waste materials are used as production materials and granted a certificate of completion of environmental protection works. or a hazardous waste disposal license, which includes the use of waste as a raw material for projects already in operation.
For newly constructed projects, they must meet the requirements prescribed in Article 16b and Article 17 of Decree No. 18/2015 / ND-CP.
– Having a certificate of satisfaction of environmental protection conditions in importing discarded materials as production materials according to law provisions.
In addition, the Decree added the regulations on the number of glide and the time of making an environmental impact report according to Article 14 of Decree 18/2015 / ND-CP.
The new regulation is in effect, demonstrating the Government’s strict management, requiring organizations to protect the environment.
